In lieu of an abstract, here is a brief excerpt of the content:Murder in the Garden? The Envy of the Gods in Genesis 2 and 3 Paul DuffJoseph Hallman George Washington University University of St. Thomas According to Walter Brueggemann, "No text in Genesis (or likely in the entire Bible) has been more used, interpreted and misunderstood" than the story of Adam and Eve in the garden. "This applies to careless, popular theology as well as to the doctrine of (...) the church"(41). Augustine attempted to explain the first few chapters of Genesis on no fewer than five different occasions throughout his career. Based on his reading ofPaul, Augustine and Western Christianity after him believed that the entire human race inherited the disobedience ofAdam and Eve. The story in Genesis 2-3 represents the beginning ofthe J narrative, the so-called Yahwist account of the creation which originated in the early years ofthe Israelite monarchy.8 Commentators have long acknowledged a variety ofelements in the Yahwist creation account which complicate its interpretation and defy any satisfactory explanation. Among the more puzzling elements in the story are, first, the implication in Gen. 3:22 of a plurality of divine beings, a fact which seems to contradict the rest ofthe narrative and which also flies in the face of Israelite monotheism. Second, according to Gen. 2:17, God threatens Adam with the punishment of 8 The Yahwist document, originally independent, was later combined with three other strands of ancient material to form the Pentateuch. For a recent study ofthe "Documentary Hypothesis," see Richard Friedman. 1 84Paul DuffandJoseph Hallman immediate death for transgressing the deity's prohibition (cf. 3:3, 3:4). God does not carry out the threatened punishment, however, nor does the text offer the reader an explanation for the deity's commutation ofthe sentence (Westermann 224-5). Third, the origin and nature ofthe serpent in the story is unclear. Where did he come from? The identification ofthis figure with Satan in the later tradition has no support in the text (Westermann 237-9). Finally, the prohibition not to eat ofthe single tree in the garden appears to be arbitrary. Hence the crime of Adam and Eve is obviously contrived. Despite the fact that the original sentence of death for their disobedience was not carried out, the curses invoked on Adam and Eve seem hardly warranted by the offense. Consequently, some sections ofthe text depict the deity as a petty tyrant, certainly a very different picture than that given by other scriptures ofthe Jewish and Christian traditions. We believe these difficulties can be overcome by approaching Genesis 2-3 from a Girardian perspective.9 We propose that this story has evolved10 in order to hide its original meaning. As a result—following Girard's understanding of the function and evolution of mythology—we will endeavor to "deconstruct" Genesis 2-3 in order to trace the evolution ofthis myth from its origin in a primal crime. This will enable us to explain the inconsistencies in the text as it stands and to appreciate the final revisions made by the biblical author(s). We will begin with a brief discussion of Girard's understanding ofmyth. Then we will turn to the problems ofthe Genesis text. Girard on myth According to Girard, myth is, quite simply, a narrative about a primal murder, rewritten from the vantage point ofthe killers (1977a, 64-7, 91-5; 1986, 24-44). As such, mythology covers up the role of the victimage mechanism as the basis ofculture. Myths which disguise or cover up such a crime can take many forms. For instance, the foundational murder of an 9 In his recent book on Paul, Robert Hamerton-Kelly presents a Girardian interpretation of this passage which is completely different from ours (92-7). Since Hamerton-Kelly appears to read the myth at face value without a sense of development, he, like most interpreters, ends with somewhat tortuous conclusions. 10It is virtually certain that the account found in Gen. 2 and 3 did not come into being as a free composition of the Yahwist. But, as Claus Westermann has pointed out in his history ofthe exegesis ofthis passage (186-91), despite the fact that most see it as a product of a long... (shrink)

The philosophy of criminalisation has been a neglected topic for some time now. A considerable amount of modern criminal justice literature is dedicated to preventing crime and punishing crime, but precious little attention is dedicated to the preliminary question: what should be a crime? Over the last decade, five editors and dozens of authors published a four-part series of edited essays in an attempt to answer that question. The present article is a hybrid of sorts: in one sense, it is (...) a review of the essays in that series; but in another sense, this article also makes its own unique contribution by answering two key questions. First, what is criminalisation? And second, how should lawmakers decide what to criminalise? Most importantly, this article suggests a new criminalisation decision-making process in order to ensure the criminal law is a justifiable framework of prohibitions and sanctions. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

This book reflects the belief that a careful study of the Law of Attempts should be both interesting in itself, as well as being a productive route into a number of larger and deeper issues in criminal law theory and in the philosophy of action. By identifying the legal doctrines which courts and legislatures have developed or adopted, the author goes on to ask whether and how they can be rationalized or rendered persuasive. Such an approach involves paying detailed attention (...) to cases. The book is also unusual in that it grapples with English, Scots and US law, showing great breadth of research as well as philosophical sophistication. This is a work which is likely to become a seminal study and a major contribution to the study of law and legal philosophy. (shrink)

Marcia Baron has offered an illuminating and fruitful discussion of extra-legal excuses. What is particularly useful, and particularly important, is her focus on our excusatory practices—on the ways and contexts in which we make, offer, accept, bestow and reject excuses: if we are to reach an adequate understanding of excuses, their implications and their grounds, we must attend to the roles that they can play in our human activities and relationships—and to the complexities and particularities of those roles. However, I (...) want to focus my comments less on the details of Baron’s discussions of excuses in extra-legal contexts than on the implications of her discussion for our understanding of excuses in the criminal law. What light (if any, a sceptic might add) can such analyses of our extra-legal concepts and practices throw on legal concepts and doctrines? (shrink)

In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...) necessarily corrupts her decisions, and that in at least some contexts we must define a legally correct decision as one that would be reached by a virtuous judge – should be rejected: we can undermine the former by attending to the requirements of due process, and the latter by attending to the ways in which a judge would try to justify her decision. (shrink)

Great bliss clarified -- Six verses on co-emergence -- Utterly clear teaching of unification -- Definitive teaching on dreams -- Clear teaching on utter non-dwelling -- Full teaching of suchness -- Six verses on Madhyamaka.

A signal challenge of twenty-first century psychiatry is the effective treatment of existential/spiritual suffering in palliative care. This chapter will concentrate on research to assess the therapeutic potential of psilocybin to assuage that suffering. If a “psychedelic experience” can facilitate an acceptance of impending death, and reduce the existential suffering of those who endure it, it could prove to be a valuable intervention where one is sorely needed. The therapeutic use of psilocybin with dying patients (hereinafter patients) raises numerous questions (...) about research trial design, the model of psychiatry that might accommodate it, and the kind of experience it induces. Are these the sorts of experience that psychiatric treatment should effect on troubled patients? Is spiritual care within the ambit of psychiatry? There are epistemological questions as to the veridicality of the psychedelic experience. How much credence should we give it? I will argue in cautious support of ongoing research to evaluate the therapeutic use of psilocybin in palliative care. This argument can be extended to research on its therapeutic use in psychotherapy. The chapter will focus on four questions: (1) what is the ethical justification for this research on patients? (2) What types of research trial design are best used to assess the purported benefits of a psychedelic drug experience? (3) What is the epistemic warrant of the “mystical” and “noetic” facets of this experience? (4) What models of (a) psychiatry and (b) drug action could accommodate the therapeutic use of psilocybin in palliative care? (shrink)

This essay argues that the practice ofmedicine is not a phronetic activity in theoriginal Aristotelian sense of that term. Jonsen andToulmin are two philosophers who have conflated thetechne of medicine with phronesis. Thisconflation ignores Aristotle's crucial distinctionbetween techne and phronesis and his useof the medical analogy. It is argued that medicalreasoning is similar to phronesis but does notexemplify it. Phronesis will not save thelife of medical ethics. The concept could be utilized as amoral prosthetic.

The Healing Virtues explores the intersection of psychotherapy and virtue ethics - with an emphasis on the patient's role within a healing process. It considers how the common ground between the therapeutic process and the cultivation of virtues can inform the efforts of both therapist and patient. Within this book, the Duff R. Waring argues that there is a case for patient virtues that are crucially relevant to working through the problems in living that arise in psychotherapy, e.g., honesty, (...) courage, humility, perseverance. The central idea is that treatment may need to build virtues while it ameliorates problems. Hence, the patient's work in psychotherapy can both challenge character strengths and result in their further development. (shrink)

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which (...) can now be cast as the question of what we should have to answer for, and to whom, under the threat of criminal conviction and punishment; on questions about the criminal trial, as a process through which defendants are called to answer, and about the conditions (bars to trial) given which a trial would be illegitimate; on questions about the structure of offences, the distinction between offences and defences, and the phenomena of strict liability and strict responsibility; and on questions about the structures of criminal defences. The net result is not a theory of criminal law; but it is an account of the structure of criminal law as an institution through which a liberal polity defines a realm of public wrongdoing, and calls those who perpetrate (or are accused of perpetrating) such wrongs to account. (shrink)

Eliminative materialism is the thesis that our common-sense conception of psychological phenomena constitutes a radically false theory, a theory so fundamentally defective that both the principles and the ontology of that theory will eventually be displaced, rather than smoothly reduced, by completed neuroscience. Our mutual understanding and even our introspection may then be reconstituted within the conceptual framework of completed neuroscience, a theory we may expect to be more powerful by far than the common-sense psychology it displaces, and more substantially (...) integrated within physical science generally. My purpose in this paper is to explore these projections, especially as they bear on (1) the principal elements of common-sense psychology: the propositional attitudes (beliefs, desires, etc.), and (2) the conception of rationality in which these elements figure. (shrink)

"First published in this translation 1955; second edition (revised) 1974; reprinted with additional revisions 1987; reissued with new Further Reading 2003; reissued with new introduction 2007"--T.p. verso.

JOURNAL OF THE HISTORY OF PHILOSOPHY PRIZE for the best published book in the history of philosophy [Awarded in 2010] _______________ -/- Although it is widely recognized that David Hume's A Treatise of Human Nature (1739-40) belongs among the greatest works of philosophy, there is little agreement about the correct way to interpret his fundamental intentions. It is an established orthodoxy among almost all commentators that skepticism and naturalism are the two dominant themes in this work. The difficulty has been, (...) however, that Hume's skeptical arguments and commitments appear to undermine and discredit his naturalistic ambition to contribute to "the science of man". This schism appears to leave his entire project broken-backed. The solution to this riddle depends on challenging another, closely related, point of orthodoxy: namely, that before Hume published the Treatise he removed almost all material concerned with problems of religion. Russell argues, contrary to this view, that irreligious aims and objectives are fundamental to the Treatise and account for its underlying unity and coherence. It is Hume's basic anti-Christian aims and objectives that serve to shape and direct both his skeptical and naturalistic commitments. When Hume's arguments are viewed from this perspective we can solve, not only puzzles arising from his discussion of various specific issues, we can also explain the intimate and intricate connections that hold his entire project together. This "irreligious" interpretation provides a comprehensive fresh account of the nature of Hume's fundamental aims and ambitions in the Treatise. It also presents a radically different picture of the way in which Hume's project was rooted in the debates and controversies of his own time, placing the Treatise in an irreligious or anti-Chrisitan philosophical tradition that includes Hobbes, Spinoza and freethinking followers. Considered in these terms, Hume's Treatise constitutes the crowning achievement of the Radical Enlightenment. (shrink)

Jeffrie G Murphy & Jean Hampton, Forgiveness and Mercy Cambridge and New York: Cambridge University Press, 1988, 194 pp. Kathleen Dean Moore, Pardons: Justice, Mercy, and the Public Interest New York and Oxford: Oxford University Press, 1989, 271 pp.

The standard approach to ethics in psychotherapy is to focus on the therapist. Although normative “boundary” ethics revolves around what the therapist ought, or ought not, to do, virtue ethics can revolve around the kind of person the therapist ought to be. One can thus apply virtue ethical theory to clinical practice and argue for therapist virtues that are relevant to meeting professional standards and to working effectively through the problems that arise in psychotherapy. Considerably less attention has been paid (...) to how virtue ethics relates to the patient. The ethics of psychotherapy can also revolve around the sort of person the patient should be. I argue that there are nascent virtues which the patient can bring to psychotherapy that, when cultivated with the therapist, can facilitate a beneficial outcome and virtues that can be seen as psychotherapeutic goals toward which the patient ought to strive. (shrink)

Dieses historische Buch kann zahlreiche Tippfehler und fehlende Textpassagen aufweisen. Kaufer konnen in der Regel eine kostenlose eingescannte Kopie des originalen Buches vom Verleger herunterladen (ohne Tippfehler). Ohne Indizes. Nicht dargestellt. 1910 edition. Auszug:...endliche als durch sie erzeugt; oder diese in jener involviert und aus ihr sich evolvierend. Der wahre Erzeuger der endlichen Grosse ist nicht die unendlichkleine" Grosse (das Unendlichkleine ware dem Grossenwert nach vielmehr Null), sondern es ist das Gesetz der Grosse (als Veranderlicher), das man sich nun wie (...) in einen Punkt zusammengezogen, d. h. fur den einzelnen Punkt ausgedruckt, oder an einer endlichen Erstreckung sich darstellend denken kann, das aber dem letzten Sachgehalt nach dasselbe ist fur den Punkt und die endliche Erstreckung, wenn es auch in Bezug auf beide verschiedene, im allgemeinen auseinander ableitbare Ausdrucke erhalten muss. Da aber die endliche Grosse uberhaupt von Punkt zu Punkt entstehend (d. h. veranderlich) gedacht wird, so ist insofern der punktuelle, d. h. infinitesimale Ausdruck der fundamentale, aus dem der extensionale gleichsam erst hervorwachst. Die Differenz entsteht eben von der Null an; nicht aus ihr; aus Null wird keine extensive Grosse; wohl aber von der Null, d. h. dem Nichtsein dessen, was werden soll, oder ganz schlicht1) vom Ausgangs wert an; woraus? Aus dem Gesetz; eine andere Antwort ist nicht zu geben und nicht zu verlangen. Durch dies Gesetz aber ist die Grosse als Eines, Identisches, im Unterschied von den sukzessiven Grossenwerten, also in ihrem Gattungsausdruck definiert. i) Vgl. oben S. 122. Fragt man also: wie soll aus der Null gewordenen, verschwundenen" Grosse die endliche Grosse wiederentstehen? so ist zu antworten: die Grosse zwar (yuantitas). (shrink)

This book examines responsibility and luck as these issues arise in tort law, criminal law, and distributive justice. The central question is: whose bad luck is a particular piece of misfortune? Arthur Ripstein argues that there is a general set of principles to be found that clarifies responsibility in those cases where luck is most obviously an issue: accidents, mistakes, emergencies, and failed attempts at crime. In revealing how the problems that arise in tort and criminal law as well as (...) distributive justice invite structurally parallel solutions, the author also shows the deep connection between individual responsibility and social equality. This is a challenging and provocative book that will be of special interest to moral and political philosophers, legal theorists, and political scientists. (shrink)

A study of how syntax relates to meaning by a leader of the new generation of philosopher-linguists.

Many of our most important goals require months or even years of effort to achieve, and some never get achieved at all. As social psychologists have lately emphasized, success in pursuing such goals requires the capacity for perseverance, or "grit." Philosophers have had little to say about grit, however, insofar as it differs from more familiar notions of willpower or continence. This leaves us ill-equipped to assess the social and moral implications of promoting grit. We propose that grit has an (...) important epistemic component, in that failures of perseverance are often caused by a significant loss of confidence that one will succeed if one continues to try. Correspondingly, successful exercises of grit often involve a kind of epistemic resilience in the face of failure, injury, rejection, and other setbacks that constitute genuine evidence that success is not forthcoming. Given this, we discuss whether and to what extent displays of grit can be epistemically as well as practically rational. We conclude that they can be (although many are not), and that the rationality of grit will depend partly on features of the context the agent normally finds herself in. In particular, grit-friendly norms of deliberation might be irrational to use in contexts of severe material scarcity or oppression. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's (...) demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

Grunbaum claims that the remedial failure of atreatment's characteristic factors is thegeneric, objective property of a placebo. Hestipulates that a treatment is placebic if thisremedial failure exacerbates the targetdisorder. This stipulation can subsume asplacebic effects that might be solelypharmacological, e.g., paradoxical reactions tocertain psychiatric drugs. If that exacerbationcan be explained pharmacologically, then wemight question whether Grunbaum's definitionalscheme captures the core identity of what weusually intend by the placebo concept. Ipropose that this core identity is bestcaptured by a symbolic meaning hypothesis (...) inwhich psychological factors exert thedeterminative influence. (shrink)

In this chapter, we analyze the relationships between the Internet and its users in terms of situated cognition theory. We first argue that the Internet is a new kind of cognitive ecology, providing almost constant access to a vast amount of digital information that is increasingly more integrated into our cognitive routines. We then briefly introduce situated cognition theory and its species of embedded, embodied, extended, distributed and collective cognition. Having thus set the stage, we begin by taking an embedded (...) cognition view and analyze how the Internet aids certain cognitive tasks. After that, we conceptualize how the Internet enables new kinds of embodied interaction, extends certain aspects of our embodiment, and examine how wearable technologies that monitor physiological, behavioral and contextual states transform the embodied self. On the basis of the degree of cognitive integration between a user and Internet resource, we then look at how and when the Internet extends our cognitive processes. We end this chapter with a discussion of distributed and collective cognition as facilitated by the Internet. (shrink)